United States District Court, D. Oregon
CHRISTOPHER F. MCCRACKEN, SARAH E. AMES, Davis Wright Tremaine, LLP, Portland, OR, Attorneys for Plaintiff.
ELLEN ROSENBLUM, Attorney General, ROBERT E. SULLIVAN, Assistant Attorney General, Salem, OR, Attorneys for Defendants.
OPINION AND ORDER
ANNA J. BROWN, District Judge.
This matter comes before the Court on Defendants' Motion (#168) for Receipt of Partial Verdict as Determinative of Claims. For the reasons that follow, the Court GRANTS in part and DENIES in part Defendants' Motion.
Plaintiff Andrew Paul Roshone an inmate at the Snake River Correctional Institution, brought this action against Thomas Jost, Jeff Moura, Alvie Barton, Erik Estrada, and Joey Olive pursuant to 42 U.S.C. § 1983. Plaintiff alleged Defendants violated his right under the Eighth Amendment to the United States Constitution to be free from cruel and unusual punishment when (1) they used unconstitutionally excessive force against him on August 11, 2010, and/or (2) they were deliberately indifferent to the use of constitutionally excessive force against Plaintiff.
The Court held a trial on July 8-9, 2014, and presented the jury with a Verdict form that included the following questions:
1. Did Plaintiff prove by a preponderance of the evidence that any one or more of the following Defendants used excessive force against him in violation of his Eighth Amendment rights?
Defendant Jeff Moura _____Yes ______ No
Defendant Alvie Barton _____Yes ______ No
Defendant Erik Estrada _____Yes ______ No
Defendant Joey Olive _____Yes ______ No
2. Did Plaintiff prove by a preponderance of the evidence that Officer Rebecca Mauney, who is not a named Defendant, used excessive force against Plaintiff in violation of his Eighth Amendment rights?
If you answered "No" as to each of these Defendants and Officer Mauney, your Verdict is in favor of all Defendants and your deliberations are concluded.... If you answered "Yes" as to any of ...